City of Robinson 111 W. Lyndale, Robinson, TX Phone (254) Fax (254)

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1 City Council Meeting February 7, 2017

2 City of Robinson 111 W. Lyndale, Robinson, TX Phone (254) Fax (254) PUBLIC NOTICE THE ROBINSON CITY COUNCIL WILL MEET ON TUESDAY, FEBRUARY 7, 2017 AT 6:00 P.M. IN THE COUNCIL ROOM AT ROBINSON CITY HALL, 111 WEST LYNDALE, ROBINSON, TEXAS TO CONSIDER AND ACT ON THE ITEMS ON THE FOLLOWING AGENDA. 1. Call to order 2. Invocation. 3. Roll Call. 4. Approve Minutes: January 3, Citizen Comments. 6. Consider and possible action on approval for Girl Scout Juniors Troop 7064 to host a recycling event at Peplow Park from 10:00 am to 12:00 pm, and to waive fees for use of the park. 7. PUBLIC HEARING: Conduct a public hearing, consider, and possible action on a Preliminary and Final plat for the Crye Addition Block 1 Lot 1 and Block 2 Lots 1-14 in Robinson, Texas. 8. PUBLIC HEARING: Conduct a public hearing, consider, and possible action on Ordinance regarding a Comprehensive Plan Map Amendment for property located at 2226 S. Robinson Drive. 9. PUBLIC HEARING: Conduct a public hearing, consider, and possible action on Ordinance regarding a zoning change from R-1 to C-3 for property located at 2226 S. Robinson Drive. City Council Meeting Agenda February 7, 2017 Page 1 of 2

3 10. (REQUEST TO WITHDRAW BY APPLICANT) PUBLIC HEARING: Conduct a public hearing, consider, and possible action regarding a zoning change from C-3 & R-1 to PUD for property located at 100 S. Robinson Drive identified as the Bethke Addition, Lot 1, Block 11. Consider and possible action on awarding the proposal for Depository Banking Services for the City of Robinson. 12. Consider and possible action on Resolution R designating the Waco Tribune- Herald as the official newspaper of publication for the City of Robinson. 13. Consider and possible action granting a water and sewer easement to the City of Waco for sewer lines for the WMARSS system on city property located at 1091 Treatment Plant Road S. 3 rd Street and described as O Campo Tract Acres Discussion regarding transfer of abandoned well site to Victorious Life Church. 15. Presentation of the Robinson Police Department Annual Racial Profiling Report. 16. Councilmember requests for items to be placed on future agendas. 17. Adjourn. *The Governing Body reserves the right to go into Executive Session on any of the above items as provided by Government Code Chapter 551. *Public Hearings will be held in accordance with procedures set forth in Resolution R , adopted by the City Council on June 13, Note: Persons with disabilities who plan to attend this meeting and who need auxiliary aids or services should contact the City Secretary at at least twenty-four (24) hours before this meeting so that appropriate arrangements can be made. City Council Meeting Agenda February 7, 2017 Page 2 of 2

4 COUNCIL AGENDA ITEM MEMORANDUM Date Submitted: 02/02/2017 Meeting Date: 02/07/2017 Item #3 CALL TO ORDER: ROLL CALL: PRESENT ABSENT ROGERS STIVENER LEUSCHNER ECHTERLING MASTERGEORGE JANICS TINDELL

5 COUNCIL AGENDA ITEM MEMORANDUM DEPT./DIVISION SUBMISSION & REVIEW: Jana Lewellen, City Secretary Date Submitted: 02/02/2017 Meeting Date: 02/07/2017 Item #4 ITEM DESCRIPTION: Approve Minutes: January 3, STAFF RECOMMENDATION: Approve minutes as presented in item description. ITEM SUMMARY: Minutes from the January 3, 2017 meeting have been provided for review. FISCAL IMPACT: None ATTACHMENTS: January 3, 2017 Regular Meeting Minutes

6 MINUTES OF CITY COUNCIL MEETING JANUARY 3, Call to order. Meeting was called to order at 6:00 P.M. by Mayor Bert Echterling. 2. Invocation. Jimmy Rogers provided the Invocation. 3. Roll Call. Councilmembers present: Jimmy Rogers, Jeremy Stivener, Vernon Leuschner, Bert Echterling, Jim Mastergeorge, and Steve Janics. Councilmember Steven Tindell was absent. 4. Approve Minutes from: December 6, 2016; and December 14, 2016: Steve Janics motioned to approve the minutes from the December 6, 2016; and December 14, 2016 meetings as written. Jeremy Stivener seconded this motion. Voting in favor; Rogers, Stivener, Leuschner, Mastergeorge, Janics, and Echterling. Motion carried unanimously. 5. Citizen Comments. None 6. PUBLIC HEARING: Conduct a public hearing on, and consider and take possible action on Ordinance authorizing a zoning change from R-1 to AG for property located at the NW corner of Hillside and Rosenthal Parkway. The Public Hearing was opened at 6:02 p.m. Interim Planning Director Barry Lightfoot provided an overview of the zoning change as presented. Mr. Lightfoot stated the Planning and Zoning Commission met on December 20, 2016, and recommended approval of the zoning change by a vote of 4-0. Shannon Benson, 5901 Rosenthal Parkway, Lorena, Texas 76655, stated the property was currently being used as AG, and respectfully requested approval. After no additional comments, the Public Hearing was closed at 6:04 p.m. Following discussion by the Council regarding the current use for the property, Councilmember Jimmy Stivener motioned to approve the zoning change from R-1 to AG as presented. Councilmember Jimmy Rogers seconded this motion. Voting in favor: Rogers, Stivener, Leuschner, Mastergeorge, Janics, and Echterling. Motion carried unanimously. 7. Consider and possible action on Resolution R extending the City of Robinson Depository Contract with Fidelity Bank of Texas. City Manager Craig Lemin presented this item, and stated the City of Robinson entered into a contract with Fidelity Bank of Texas for Depository Services in January of 2012 which is set to expire on January 20, Mr. Lemin said Request for Proposals will be received until Friday, January 13, 2017, and a recommendation will be made to Council at the February 7, 2017 meeting. Due to the timing, staff recommends approval of the Resolution as presented, extending the existing Depository Contract for approximately one month until Council can award the new contract at the February meeting. Mayor Pro Tem Jim Mastergeorge motioned to approve Resolution R as presented. Councilmember Steve Janics seconded this motion. Voting in favor: Rogers, Stivener, Leuschner, Mastergeorge, Janics, and Echterling. Motion carried unanimously. City Council Meeting Minutes January 3, 2017 Page 1 of 3

7 8. Consider and possible action on bid award for the Water Treatment Plant Rehabilitation Project. City Manager Craig Lemin, and Water Utility Director Greg Hobbs presented this item. Keith Caldwell, P.E. with Walker Partners was also available for questions. Mr. Lemin stated one bid was received for the Water Treatment Plant Rehabilitation Project from Pipe Work Constructors, LLC in the amount of $591, which was above the engineer s opinion of probable cost. After discussion and clarification on painting, it was agreed to reduce the total bid amount by $84, lowering the total contract amount to $506, Council discussed the life expectancy of the project, and pricing. Councilmember Jimmy Rogers motioned to award the bid to Pipe Works Constructors, LLC in the amount of $591,000.00, and authorize Change Order No. 1 reducing the total bid amount to $506, Mayor Pro Tem Jim Mastergeorge seconded this motion. Voting in favor: Rogers, Stivener, Leuschner, Mastergeorge, Janics, and Echterling. Motion carried unanimously. 9. Consider and possible action on contract with MICRODYN-NADIR US, Inc. for the purchase of membranes for the membrane replacement project. City Manager Craig Lemin, and Water Utility Director Greg Hobbs presented this item. Mr. Lemin stated as part of the Water Plant Rehabilitation Project, a second project was bid for the purchase and replacement of membranes for the plant. Mr. Lemin stated no bids were received; therefore, our engineer reached out to MICRODYN-NADIR US as they are the sole source provider for membranes, and a proposal was received totaling $311, which is lower than the original estimated cost proposed in the Water Master Plan. Mayor Pro Tem Jim Mastergeorge motioned to approve the contract as presented. Councilmember Steve Janics seconded this motion. Voting in favor: Rogers, Stivener, Leuschner, Mastergeorge, Janics, and Echterling. Motion carried unanimously. 10. Consider and possible action on contract with Aqua-Claire Technologies, LLC for the removal and installation of membranes for the membrane replacement project. City Manager Craig Lemin, and Water Utility Director Greg Hobbs presented this item. Mr. Lemin stated as part of the Water Plant Rehabilitation Project, a second project was bid for the purchase and replacement of membranes for the plant. Mr. Lemin stated no bids were received; therefore, our staff reached out to Aqua-Claire Technologies, LLC as they are the only known installer of membranes, and did the last membrane installation for the City. A proposal was received totaling $35, which is lower than the original estimated cost proposed in the Water Master Plan. Councilmember Jeremy Stivener motioned to approve the contract as presented. Mayor Pro Tem Jim Mastergeorge seconded this motion. Voting in favor: Rogers, Stivener, Leuschner, Mastergeorge, Janics, and Echterling. Motion carried unanimously. 11. Councilmember requests for items to be placed on future agendas. None. 12. Adjourn. Meeting adjourned at 6:52 p.m. City Council Meeting Minutes January 3, 2017 Page 2 of 3

8 Bert Echterling, Mayor ATTEST: Jana Lewellen, City Secretary City Council Meeting Minutes January 3, 2017 Page 3 of 3

9 COUNCIL AGENDA ITEM MEMORANDUM DEPT./DIVISION SUBMISSION & REVIEW: Bert Echterling, Mayor Date Submitted: 02/02/2017 Meeting Date: 02/07/2017 Item #5 ITEM DESCRIPTION: Citizen Comments. STAFF RECOMMENDATION: ITEM SUMMARY: This is an opportunity for citizens to address the City Council on matters which are not scheduled for consideration. In order to address the Council, please complete a Speaker s Request Form and submit to the City Secretary prior to the start of the Council meeting. All comments must be directed to the Presiding Officer, rather than an individual Council Member or city staff. Comments are limited to three minutes and must pertain to the subject matter listed on the Speaker s Request Form. Council may not comment publicly on issues raised, but may direct the City Manager to resolve or request the matter to be placed on a future agenda. Such public comments shall not include any deliberation as defined by Chapter 551 of the Government Code, as now or hereafter amended. FISCAL IMPACT: N/A ATTACHMENTS:

10 COUNCIL AGENDA ITEM MEMORANDUM DEPT./DIVISION SUBMISSION & REVIEW: Craig Lemin, City Manager Date Submitted: 02/02/2017 Meeting Date: 02/07/2017 Agenda Item #6 ITEM DESCRIPTION: Consider and possible action on approval for Girl Scout Juniors Troop 7064 to host a recycling event at Peplow Park from 10:00 am to 12:00 pm, and to waive fees for use of the park. STAFF RECOMMENDATION: Staff recommends approval for Girl Scout Juniors Troup 7064 to host a recycling Earth Day event at Peplow Park from 10 a.m. to 12:00 p.m. and waive the fees for use of the park. ITEM SUMMARY: The Girl Scout Juniors of Robinson Troup 7064 are working to complete their Bronze Award, which is the highest award a Girl Scout Junior can earn. In order to earn this badge, they must investigate a community problem and initiate a community event to help solve the problem. The girls have chosen the community problem of recycling and would like to host an Earth Day event to help solve this problem. This event would be held on Saturday, April 22 nd at Peplow Park from 10 a.m. to 12 p.m., and the girls are requesting the park fees be waived for this specific event. The goal for this event is for it to be something that future girl scouts can continue and/or something that will have a lasting impression on the community. If approved, this event would provide a great opportunity for the City of Robinson to implement the educational component of its Stormwater Management Program by engaging with citizens on the importance of reducing pollutants from entering the stormwater system, and how that protects the City s stormwater quality. FISCAL IMPACT: None ATTACHMENTS: Request from Collette Pledger

11 Original Message From: Colette Pledger Sent: Thursday, February 02, :35 PM To: Destiny Delillo Subject: Girl Scout Junior Project Destiny, I have attached the video that the girls would like to show at the council meeting. I will not be in attendance, but my husband, other parents and the troop leader, Racheal Merrell, will be in attendance. In addition, Progressive Waste indicated that they might attend the council meeting. Here is a summary: The Girl Scout Juniors of Robinson Troop 7064 are working to complete their Bronze Award. This is the highest award a Girl Scout Junior can earn. In order to earn this badge, they must investigate a community problem and initiate a community event to help solve the problem. The goal is to implement something that future girl scouts can continue or that could have a lasting impact on the community. The girls chose recycling and have researched the importance of recycling. In other badges, they have learned about up cycling as well. They would like to host an Earth Day event to promote the importance of recycling to the community of Robinson. They would like to host the event at Peplow Park on April 22, 2017 (Earth Day) from 10am 12pm. At this event, Progressive Waste has offered to provide free recycling services by provided trucks for items and taking the items to the recycling center. In addition, the girls will host games with recycled materials, up cycling (craft making) with recycled materials, and also information for community members about the importance of recycling. In order to make this a community event, the Girl Scout Juniors of Troop 7064 ask that the Robinson City Council waive the park fee for this event, allow Progressive Waste to partner and offer recycling services for this day, and assist with advertising to promote the event to the community. Thank you, Colette Pledger

12 Staff Report City Council Originating Department Planning Date: 02/07/2017 Case No: P Request: Preliminary and Final Plat Applicant: Daylon Crye Agenda Item #7 Agenda Item: PUBLIC HEARING: Conduct a Public and consider a Preliminary and Final plat for the Crye Addition Block 1 Lot 1 and Block 2 Lots 1-14 in Robinson, Texas. Case Summary: The applicant has submitted a request for Preliminary and Final plat approval for the Crye Addition Block 1 Lot 1 and Block 2 Lots Project Analysis: Preliminary and Final Plats have been submitted to The City of Robinson as well as Construction Plans. All corrections have been made to the Plat and the City s Engineer is currently reviewing the construction plans. Recommendation: The Planning and Zoning Commission met on January 17, 2017 and recommended approval by a vote of 4-0. Recommend approval of the Preliminary and Final Plat. The following steps must be followed. Changes to the construction plans pending Engineers review Follow the City of Robinson Standard Details for Public Infrastructure. Attachments: Application Final Plat Public Notice

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15 PLAT NOTES: 1. Electricity provided by Oncor. 2. Water & sewage disposal service provided by City of Robinson. 3. Interior lot corners will be set once utility and road construction is complete. This area reserved for county recording information. STATE OF TEXAS COUNTY OF McLENNAN DESCRIPTION BEING all that tract of land in the City of Robinson, McLennan County, Texas, out of the Carlos O'Campo Grant, Abstract Number 32, being part of that called 8.34 acres of land described in a deed to Daylon Lee Crye and wife, Brenda Ellen Crye, recorded in Volume1096, Page 193 Deed Records of McLennan County, Texas, and being further described as follows: SURVEY NOTES: 1. MEASURED BEARINGS, DISTANCES, AND ACREAGE ARE GRID, NAD83 STATE PLANE COORDINATE SYSTEM, TEXAS CENTRAL ZONE THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A CURRENT TITLE REPORT/COMMITMENT. THERE MAY BE EASEMENTS, RESTRICTIONS, AND/OR COVENANTS AFFECTING THIS PROPERTY, NOT SHOWN HEREON. 3. A "1/2 INCH STEEL ROD SET" IS A 1/2 INCH REBAR WITH PLASTIC CAP MARKED "1519 SURVEYING". N 57 15'02" E ' ' BEGINNING at a 1/2 inch steel rod set capped 1519 Surveying at the Southeast corner of said 8.34 acres, the Southwest corner of that called 1.31 acres of land described in a deed to Ben C. Hilbert and wife, Olevia M. Hilbert, recorded in Volume 1407, Page 308 of the Deed Records of McLennan County, Texas, and the Northwest line of W. Tinsley Drive; THENCE South 58 degrees 54 minutes 23 seconds West, feet along the Southeast line of said 8.34 acres and the Northwest line of W. Tinsley Road to a 12 inch creosote fence post found at the cutback of the Northwest line of W. Tinsley Drive, and the East line of N. Old Robinson Road; THENCE North 38 degrees 33 minutes 37 seconds West, feet along the cutback at N. Old Robinson Road and W. Tinsley Drive to a railroad cross-tie fence post found in the West line of said 8.34 acres; THENCE North 09 degrees 13 minutes 35 seconds West, feet along the West line of said 8.34 acres and the East line of N. Old Robinson Road to a 1/2 inch steel rod set capped 1519 Surveying at the Northwest corner of said 8.34 acres, the Southwest corner of that called 4.03 acres of land described in a deed to Kenneth R. Morgan and wife, Denise Morgan, recorded in Volume 1389, Page 341 of the Deed Records of McLennan County, Texas, and the East line of N. Old Robinson Road; THENCE North 57 degrees 15 minutes 02 seconds East, feet along the Northwest line of said 8.34 acres and the Southeast lines of said 4.03 acres and that called acres of land described in a deed to Jack Reid and wife, Debbie Dell Reid, recorded in Volume 753, Page 172 of the Deed Records of McLennan County, Texas, and that called acres of land described as First Tract in a deed to William B. Olson and Joy A. Olson, recorded in Volume 1585, Page 866 of the Deed Records of McLennan County, Texas, to a 1/2 inch steel rod found at the North corner of said 8.34 acres and the West corner of that called Second Tract described in said Olson deed, and the Southeast line of said First Tract; Daylon Lee Crye and wife Branda Ellen Crye Called 8.34 Acres Volume 1096, Page 193 D.R.M.C.T. LOT 1 BLOCK ACRES N 44 22'25" E 93.41' N 59 53'52" E ' 90.00' ' LOT ACRES LOT ACRES N 30 06'08" W ' C ' S 19 06'08" E ' THENCE South 19 degrees 06 minutes 08 seconds East, feet along the Northeast line of said 8.34 acres and the Southwest lines of said Second Tract, that called acres of land described in a deed to Larry Dale Fletcher and wife, Barbara Faye Fletcher, recorded in Volume 1222, Page 556 of the Deed records of McLennan County, Texas, and said 1.31 acres to the Point of Beginning, containing acres of land. Measured bearings, distances, and acreage are Grid, NAD83, State Plane Coordinate System, Texas Central Zone STATE OF TEXAS COUNTY OF McLENNAN OWNER'S STATEMENT Daylon Lee Crye and Brenda Ellen Crye, owners of the tract of land shown hereon, wishing to subdivide same into lot and block do hereby adopt the plat attached hereto and titled "FINAL PLAT FINAL PLAT CRYE ADDITION, LOT 1, BLOCK 1 AND LOTS 1-14, BLOCK 2 to the City of Robinson, McLennan County, Texas (Being out of the Carlos O'Campo Grant, Abstract No. 32, and being part of that called 8.34 acres of land described in a deed to Daylon Lee Crye and wife, Brenda Ellen Crye, recorded in Volume 1096, Page 193 of the Deed Records of McLennan County, Texas)" as our legal subdivision of same and do hereby dedicate all rights of way and easements shown hereon to the use of the public forever. Any private improvements placed in said rights of way or easements shall be placed at no risk or obligation to the Public and City of Robinson, Trustee of the Public to hold these easements and the City shall have no responsibility to repair or replace such improvements if they are damaged or destroyed in the utilization of these rights of way or easements. The sale of the lots shown on this plat shall be made therewith subject to restrictions and the conditions recorded in McLennan County, Texas Real Property Records pertaining to such subdivision. N S Scale: 1" = 60' ' N 09 13'35" W ' 76.41' LOT ACRES ' 94.17' L ' 94.51' N 30 06'08" W ' LOT ACRES N 59 53'52" E ' 90.00' 90.00' 90.00' LOT ACRES ' LOT ACRES LOT ACRES BLOCK 2 LOT ACRES 90.00' 90.00' 90.00' 90.00' 90.00' 92.00' 92.00' 92.00' 92.00' 92.00' 87.28' N 30 06'08" W ' N 30 06'08" W ' LOT ACRES N 30 06'10" W ' N 30 06'08" W ' N 59 53'52" E ' LOT ACRES N 30 06'08" W ' N 30 06'08" W ' BLOCK 2 LOT ACRES N 30 06'08" W ' N 30 06'08" W ' S 58 54'23" W ' LOT ACRES N 30 06'09" W LOT ACRES ' ' S 30 06'08" E LOT ACRES 92.01' 92.01' 92.01' 92.01' 92.01' ' This area reserved for county recording information ' N 30 06'08" W ' 24.98' POINT OF BEGINNING N:10,519,188 E:3,295,709 State Plane Coordinate System, NAD83 Texas Central Zone CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C ' ' 99.55' S 65 24'57" W '53" C ' 70.27' 64.63' S 21 07'15" W 80 31'43" C ' 60.29' 56.71' N 53 41'20" W 69 05'25" C2 SURVEYOR'S CERTIFICATION I, the undersigned, do hereby certify that the plat shown hereon was prepared from an on-the-ground survey performed under my supervision on September 20, 2016; all monuments are as shown hereon. December 29, 2016 Julianne Henson R.P.L.S. No Daylon Lee Crye Brenda Ellen Crye 807 N. Old Robinson Road 807 N. Old Robinson Road Robinson, Texas Robinson, Texas STATE OF TEXAS COUNTY OF McLENNAN Before me, the undersigned authority, Notary Public in and for the State of Texas, on this day personally appeared, Daylon Lee Crye, known to me to be the person whose name is subscribed to the foregoing instrument and he acknowledged to me that he executed the same for the purposes and considerations therein expressed and in the capacities therein stated. Given under my hand and seal of office this the day of, Notary Public in and for the State of Texas My Commission Expires STATE OF TEXAS COUNTY OF McLENNAN I hereby certify that the above and foregoing plat and field notes of the "FINAL PLAT CRYE ADDITION, LOT 1, BLOCK 1 AND LOTS 1-14, BLOCK 2 to the City of Robinson, McLennan County, Texas (Being out of the Carlos O'Campo Grant, Abstract No. 32, and being part of that called 8.34 acres of land described in a deed to Daylon Lee Crye and wife, Brenda Ellen Crye, recorded in Volume 1096, Page 193 of the Deed Records of McLennan County, Texas)," was approved on this the day of, Jana Lewellen City Secretary Final Plat of CRYE ADDITION, LOT 1, BLOCK 1 AND LOTS 1-14, BLOCK 2 to the City of Robinson, McLennan County, Texas Being out of the Carlos O'Campo Grant, Abstract No. 32, and being part of that called 8.34 acres of land described in a deed to Daylon Lee Crye and wife, Brenda Ellen Crye, recorded in Volume 1096, Page 193 of the Deed Records of McLennan County, Texas FINAL PLAT LOT 1, BLOCK 1 AND LOTS 1-14, BLOCK 2 CRYE ADDITION CITY OF ROBINSON MCLENNAN COUNTY, TEXAS STATE OF TEXAS COUNTY OF McLENNAN Before me, the undersigned authority, Notary Public in and for the State of Texas, on this day personally appeared, Brenda Ellen Crye, known to me to be the person whose name is subscribed to the foregoing instrument and she acknowledged to me that she executed the same for the purposes and considerations therein expressed and in the capacities therein stated. Given under my hand and seal of office this the day of, Notary Public in and for the State of Texas My Commission Expires STATE OF TEXAS COUNTY OF McLENNAN I hereby certify that the above and foregoing plat and field notes of the "FINAL PLAT CRYE ADDITION, LOT 1, BLOCK 1 AND LOTS 1-14, BLOCK 2 to the City of Robinson, McLennan County, Texas (Being out of the Carlos O'Campo Grant, Abstract No. 32, and being part of that called 8.34 acres of land described in a deed to Daylon Lee Crye and wife, Brenda Ellen Crye, recorded in Volume 1096, Page 193 of the Deed Records of McLennan County, Texas)" complies with Appendix B of the City of Robinson Subdivision Ordinance, and was approved on this the day of, Barry Lightfoot, Director Planning and Development 1519 Job No.: Sheet 1 of 1 Property Address: 807 N. Old Robinson Road Robinson, Texas Drawn By: jrh Reviewd By: jdd Prepared For: Vernon Leuschner Surveying, LLC 5054 Franklin Avenue Suite A Waco, TX Ph: TBPLS Firm#

16 PUBLIC NOTICE The City of Robinson Planning and Zoning Commission will meet and conduct a Public Hearing on Tuesday Jan 17, 2017 at 6:00 pm in the Council Room at Robinson City Hall, 111 W. Lyndale, Robinson, Texas to consider the Preliminary and Final plat for The Crye Addition Block 1 Lot 1 and Block 2 Lots 1-14 in Robinson, Texas. The Robinson City Council will conduct a Public Hearing and consider the recommendations of the Planning and Zoning Commission on Tuesday Feb 7, 2017 at 6:00 pm at the same location. Jana Lewellen, City Secretary

17 Staff Report City Council Date: 02/07/2017 Request: Comprehensive Plan Map Amendment Applicant: Gary Sims Agenda Item #8 Originating Department: Planning Agenda Item: PUBLIC HEARING: Conduct a Public and consider Ordinance regarding a Comprehensive Plan Map Amendment for property located at 2226 S. Robinson Drive. Case Summary: The applicant has submitted an application for a Comprehensive Plan Future Land Use Map Amendment. The property is located at 2226 S Robinson Drive, Galindo 1 Tract 65D. The total acreage is The request is to change the designation to commercial. The property is currently designated as agricultural on the future land use map. Property directly across SH 77 is designated office on the future land use map. Various properties fronting SH 77 are classified commercial, office, public/semi-public and residential. The Community Visions 2034 Comprehensive Plan vison statement for commercial and economic development states the following: Maintain and enhance the city as a good place to live and work through business and economic development opportunities and encourage high quality education opportunities for the purpose of creating and promoting a thriving economic climate strategically located in the state. Goals include: Capitalize on the region s close proximity and high accessibility to other metropolitan areas and markets to retain and attract sustainable businesses and job opportunities. Vibrant and diverse local businesses will provide products, services, and jobs for residents, and support the tax base. The plan further states:

18 The Commercial Land Use Category will allow most commercial, retail and office uses such as sales, restaurants, grocery stores, auto dealerships with complete servicing facilities, building material sales, light manufacturing and heavy machinery sales and storage. This category of uses is intended to serve the Central Business District, larger service areas than neighborhoods, serve citywide, or regional service areas. These uses should be located at the intersections of major arterials and should provide on-site traffic maneuvering such that traffic entering and exiting the facility should have room to turn, stack, and park within the confines of the retail facility. These uses may also be located at the intersection of major thoroughfares or highways. This category of uses should be located away from low and medium density residential development and may be used as a buffer between retail, office, and industrial uses. Adjoining districts should be carefully selected to reduce environmental conflicts. The property is located approximately 1.5 miles south of Moonlight Drive and approximately 1.4 miles north of Rosenthal Parkway. There are various commercial properties located in this section of the highway and as the region and city grow and develop, there will be only more commercial interest along the highway. The property is located away from low and medium density residential development and provides adequate area for traffic maneuvering. It is staff s opinion that changing the designation of this property to commercial is consistent with the vision and goals of the plan. The Planning and Zoning Commission met on January 17, 2017 and recommended approval by a vote of 4-0. Attachments Comprehensive Plan Map Amendment Application Property location map Applicant Notification Property Owners Notification Property owners list Public Notice

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28 CITY OF ROBINSON, TEXAS A NOTICE OF PUBLIC HEARING Date: Jan 03, 2017 Dear Sir or Madam: This is to advise that there has been a request made by Gary Sims for a map amendment at 2226 S Robinson Dr acres Golindo Tract 65D. NOTICE OF HEARING BEFORE PLAN COMMISSION Notice is hereby given that a public hearing will be held before the City Planning and Zoning Commission of the City of Robinson on Tuesday, the 17 th day of Jan in the Council Chambers, 111 W. Lyndale Ave, at 6:00 p.m., regarding this requested map amendment. The Planning and Zoning Commission will forward a recommendation to the City Council. NOTICE OF HEARING BEFORE CITY COUNCIL Notice is hereby given that a public hearing will be held by the City Council of the City of Robinson on Tuesday, the 7 th day of Feb, 2017, in the Council Chambers, 111 W. Lyndale Ave, at 6:00 p.m., regarding this requested map amendment. According to City Tax Records, you are the owner of property which is located within two hundred (200) feet of the area of the requested map amendment. This is a Notice of the public hearings, at which any interested persons will be given an opportunity to be heard. In hearing this matter, the City Planning and Zoning Commission and City Council may approve the request as submitted, may approve an amended request, or may deny the request. For more information on the Comprehensive Plan, its land use classifications and its role in the Planning and Zoning process, you may contact the Planning Department at ex 1540, or at 111 W. Lyndale Avenue. Sincerely Barry Lightfoot Please circle one and return to the City of Robinson 1. In favor 2. Opposed 3. Neutral

29 Jan 03, 2017, Dear Property Owner: This is to confirm your request for a map amendment: HEARING: The hearing will be held before the Planning and Zoning Commission. Day and Date: Tuesday, Jan 17, 2017 Time: 6:00 P.M. Place: Council Chambers 111 W Lyndale. HEARING: CITY COUNCIL Day and Date: Tuesday, Feb 7, 2017 Time: 6.00 P.M Place: Council Chambers 111W Lyndale For more information, you may contact the Planning Department at , or at 111 W. Lyndale Avenue. Sincerely Barry Lightfoot

30 DANIEL L WEYENBERG 2522 S ROBINSON DR ROBINSON, TX JAMES WAYNE & JANICE LYNN PAYNE 2146 S ROBINSON DR ROBINSON, TX CHIEF SMOKEY LTD PO BOX WACO, TX

31 PUBLIC NOTICE The City of Robinson Planning and Zoning Commission will meet and conduct a Public Hearing on Tuesday Jan 17, 2017 at 6:00 pm in the Council Room at Robinson City Hall, 111 W. Lyndale, Robinson, Texas to consider a Comprehensive Plan Map Amendment for property located at 2226 S Robinson Drive in Robinson, Texas. The Robinson City Council will conduct a Public Hearing and consider the recommendations of the Planning and Zoning Commission on Tuesday Feb 7, 2017 at 6:00 pm at the same location. Jana Lewellen, City Secretary

32 ORDINANCE No ORDINANCE OF THE CITY OF ROBINSON, TEXAS APPROVING A COMPREHENSIVE PLAN MAP AMENDMENT FOR PROPERTY LOCATED AT 2226 S ROBINSON DRIVE. WHEREAS, the owner of property located at 2226 S Robinson submitted an application for a comprehensive plan map amendment; and WHEREAS, the property is located approximately 1.5 miles south of Moonlight Drive and approximately 1.4 miles north of Rosenthal Parkway. WHEREAS, changing the designation of this property to commercial is consistent with the vision and goals of the plan; and WHEREAS, the Planning and Zoning Commission met on January 17, 2017 and recommended approval of the zone change by a vote of 4-0. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROBINSON, TEXAS THAT: A Comprehensive Plan Map Amendment is approved for property located at 2226 S Robinson Drive. Passed this 7th day of February, Bert Echterling, Mayor Attest: Jana Lewellen, City Secretary

33 Staff Report City Council Originating Department- Planning Date: 02/07/2017 Case No: Z Request: R-1 to C-3 Applicant: Gary Sims Agenda Item #9 Agenda Item: PUBLIC HEARING: Conduct a public hearing and consider Ordinance regarding a zoning change from R-1 to C-3 for property located at 2226 S. Robinson Drive. Case Summary: The applicant has submitted a request to rezone property located at 2226 S Robinson Dr. The legal description is Acres Golindo Tract 65D. Current Zone Proposed Zone R-1 C-3 Proposed Zone Allowable Uses: The Proposed zone allowable uses are Laboratory medical, dental, research Electrical substation Electrical transmission Fire station Convent or monastery Gas line and regulating station Fraternity or sorority Hatchery, Fish Farm Bakery Bottling works Building material sales

34 Cabinet Shop Country club Single family dwellings greenhouse Zoo Theatre indoor or outdoor College, university or seminary Community center Place of worship Pre-school School- business, trade elementary or secondary Park or playground, play field or stadium, rodeo grounds Cleaning or laundry plant Clothing or similar light manufacturing Contractor storage Flea market indoors or outdoors Heavy machinery sales, storage or repair Laboratory Print shop Milk, dairy or ice cream plant Open storage furniture, appliance or machinery Paint shop Plumbing shop Storage warehouse Welding or machine shop Auto part sales, auto leasing, auto storage, auto auction and truck sales Water treatment, water storage, water reservoir Motorcycle sales and service Transportation and related uses Retail sales Art gallery Fairgrounds Fraternal organization or Union hall Hospital Military reserve national guard Office, warehouse office Hotel Amusement indoor or out door Carnival (temporary) Dance hall

35 Golf course Project Analysis: The entire Acres is currently zoned R-1. The Existing and Future Land use maps show the property to be zoned residential. This Re zone would require an amendment to the Comprehensive Land Use Map. The Planning and Zoning Commission met on January 17, 2017 and recommended approval by a vote of 4-0. Attachments: Zoning application Property location map Owner Notification Surrounding property owner notification Surrounding Property Owners List Public Notice Existing zoning map Existing land use map Future land use map

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39 CITY OF ROBINSON, TEXAS A NOTICE OF PUBLIC HEARING Date: Jan 03, 2017 Dear Sir or Madam: This is to advise that there has been a request made by Gary Sims for a zone change from R-1 to C-3 at 2226 S Robinson Drive, acres Golindo Tract 65D. NOTICE OF HEARING BEFORE PLAN COMMISSION Notice is hereby given that a public hearing will be held before the City Planning and Zoning Commission of the City of Robinson on Tuesday, the 17 th day of Jan, 2017 in the Council Chambers, 111 W. Lyndale Ave, at 6:00 p.m., regarding this requested zone change. The Planning and Zoning Commission will forward a recommendation to the City Council. NOTICE OF HEARING BEFORE CITY COUNCIL Notice is hereby given that a public hearing will be held by the City Council of the City of Robinson on Tuesday, the 7 th day of Feb, 2017, in the Council Chambers, 111 W. Lyndale Ave, at 6:00 p.m., regarding this requested zone change. According to City Tax Records, you are the owner of property which is located within two hundred (200) feet of the area of the requested zone change. This is a Notice of the public hearings, at which any interested persons will be given an opportunity to be heard. In hearing this matter, the City Planning and Zoning Commission and City Council may approve the request as submitted, may approve an amended request, or may deny the request. For more information on the Comprehensive Plan, its land use classifications and its role in the Planning and Zoning process, you may contact the Planning Department at ex 1540, or at 111 W. Lyndale Avenue. Sincerely Barry Lightfoot Please circle one and return to the City of Robinson 1. In favor 2. Opposed 3. Neutral

40 Jan 03, 2017, Dear Property Owner: This is to confirm your request for a zone change: HEARING: The hearing will be held before the Planning and Zoning Commission. Day and Date: Tuesday, Jan 17 th, 2017 Time: 6:00 P.M. Place: Council Chambers 111 W Lyndale. HEARING: CITY COUNCIL Day and Date: Tuesday, Feb 7th 2017 Time: 6.00 P.M Place: Council Chambers 111W Lyndale For more information, you may contact the Planning Department at , or at 111 W. Lyndale Avenue. Sincerely Barry Lightfoot

41 DANIEL L WEYENBERG 2522 S ROBINSON DR ROBINSON, TX JAMES WAYNE & JANICE LYNN PAYNE 2146 S ROBINSON DR ROBINSON, TX CHIEF SMOKEY LTD PO BOX WACO, TX

42 PUBLIC NOTICE The City of Robinson Planning and Zoning Commission will meet and conduct a Public Hearing on Tuesday Jan 17, 2017 at 6:00 pm in the Council Room at Robinson City Hall, 111 W. Lyndale, Robinson, Texas to consider a zoning change request at 2226 S Robinson Drive Robinson, Texas The request is to change zone from R-1 to C-3. The Robinson City Council will conduct a Public Hearing and consider the recommendations of the Planning and Zoning Commission on Tuesday Feb 7, 2017 at 6:00 pm at the same location. Jana Lewellen, City Secretary

43 Community Visions 2034 A Comprehensive Plan for the City of Robinson, Texas 15-6

44 Community Visions 2034 A Comprehensive Plan for the City of Robinson, Texas 1-3

45 Community Visions 2034 A Comprehensive Plan for the City of Robinson, Texas 1-10

46 ORDINANCE No ORDINANCE OF THE CITY OF ROBINSON, TEXAS APPROVING ZONING CHANGE LOCATED AT 2226 S ROBINSON DRIVE. WHEREAS, the owner of property located at 2226 S Robinson Drive has requested that the property be re-zoned from R-1, Single Family Residential to C-3; and WHEREAS, the change would comply with the Comprehensive Growth Plan and promote orderly growth and development; and WHEREAS, the Planning and Zoning Commission met on January 17, 2017 and recommended approval of the zone change by a vote of 4-0; and WHEREAS, the City Council by way of Ordinance approved a Comprehensive Land Map Amendment for property located at 2226 S Robinson Drive. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROBINSON, TEXAS THAT: The property located at 2226 S Robinson Drive re-zoned from R-1, Single Family Residential to C-3. Passed this 7th day of February, Bert Echterling, Mayor Attest: Jana Lewellen, City Secretary

47 COUNCIL AGENDA ITEM MEMORANDUM DEPT./DIVISION SUBMISSION & REVIEW: Craig Lemin, City Manager Date Submitted: 02/02/2017 Meeting Date:02/07/2017 Agenda Item #10 ITEM DESCRIPTION: Zoning Change from C-3 & R-1 to PUD for property located at 100 S. Robinson Drive identified as Bethke Addition Lot 1, Block 1. Applicant has requested to withdraw their applicator for the zoning change. STAFF RECOMMENDATION: Grant the request to withdraw the zoning application. ITEM SUMMARY: The zoning change request was to change the zoning from C-3 & R-1 to PUD for an apartment complex with 92 units. At the P&Z meeting, members of the community and members of the commission voiced their concerns rezoning was moving too fast and that more time was needed to properly research the impact of the 92 units. One member of P&Z was absent and the vote on a motion to recommend approval was two for and two against. The applicant has taken the comments into consideration along with the split vote and has decided to withdraw the application for rezoning. The applicant indicated they would like the opportunity and time to work with the surrounding neighbors and the community regarding the project. The applicant understands that by withdrawing their request they cannot re-apply for a zoning change on the property for six months. FISCAL IMPACT: None ATTACHMENTS: Letter requesting withdrawal of the application.

48 February 1, 2017 City of Robinson Craig Lemin City Manager 111 W Lyndale Ave Robinson, Texas RE: Oliver Commons PUD Application To whom it may concern: Please consider this letter a formal notice to withdraw the zoning case application on the proposed development, Oliver Commons. We are still interested in pursing this development and believe whole heartedly that the proposed project would be a benefit to the Robinson community. We would like the opportunity and additional time to work with the surrounding neighborhood and community leaders to discuss the proposed development. Our plan is to bring this case back to Planning & Zoning and Council for consideration at a later date. Thank you. Sincerely, Megan Lasch Saigebrook Development, LLC

49 COUNCIL AGENDA ITEM MEMORANDUM DEPT./DIVISION SUBMISSION & REVIEW: Craig Lemin, City Manager Date Submitted: 02/02/2017 Meeting Date: 02/07/2017 Item #11 ITEM DESCRIPTION: Consider and possible action awarding the proposal for Depository Banking Services for the City of Robinson. STAFF RECOMMENDATION: Award proposal as presented in item description. ITEM SUMMARY: The City of Robinson s contract with Fidelity Bank of Texas for Depository Services is set to expire on February 28, Request for Proposals for Bank Depository Services were published in the Hometown News on December 16, 2016, and December 23, Proposals were received until Friday, January 13, One proposal was received from Fidelity Bank of Texas. Staff recommends awarding the proposal for Banking Depository Services to Fidelity Bank of Texas effective March, 1, 2017 ending March 1, 2020, with the option to extend for two additional one-year terms by mutual consent of both parties. FISCAL IMPACT: N/A ATTACHMENTS: Notice of Publication Request for Proposals Bid Summary Sheet Contract

50 REQUEST FOR PROPOSALS The City of Robinson is requesting proposals for BANK DEPOSITORY SERVICES. The City will consider proposals only from financial institutions doing business within the city limits of Robinson. The City reserves the right to award a contract based upon its determination of the best interests of the City in accordance with the RFP selection criteria. Proposals shall be submitted by 5:00 pm on Friday, January 13, Proposals received after that time will not be accepted or considered. The proposal will be submitted in a sealed envelope or packet marked Proposal for Bank Depository Services and delivered or mailed to the attention of Jana Lewellen, City Secretary, City of Robinson, 111 W Lyndale Avenue, Robinson, Texas For copies of the RFP or more information, contact Karen Sanchez, Finance Director at k.sanchez@robinsontexas.org. Jana Lewellen, City Secretary

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62 CITY OF ROBINSON DEPOSITORY CONTRACT THE STATE OF TEXAS } COUNTY OF MCLENNAN } KNOW ALL MEN BY THESE PRESENTS: The City of Robinson, a municipal corporation of McLennan County, Texas, hereinafter called "CITY", acting by and through its duly authorized City Council, and Fidelity Bank of Texas, hereinafter called BANK, acting by and through, its duly authorized representative, do hereby covenant and agree as follows: 1. GRANT: For and in consideration of compliance by the BANK with the covenants and conditions herein set forth, and the ordinances and regulations of the CITY and the laws of the State of Texas governing the handling of public funds, and for the consideration hereinafter expressed, the CITY hereby designates Fidelity Bank of Texas, as the OFFICIAL DEPOSITORY for City of Robinson funds. 2. TERM: The term of this agreement shall commence on March 1, The term of this agreement shall be for a period of three (3) years from the effective date stated above, provided, however, that this agreement may be renewed for not more than two (2) subsequent one-year periods by mutual consent of both parties. BANK shall give written notice to CITY at least 90 days before the termination of the two-year contract period of its desire to renegotiate the terms of this agreement, and complete negotiations for renewal before forty-five days before 1

63 the anniversary date, otherwise, such agreement shall terminate on the anniversary date. 3. SCOPE AND NATURE OF OPERATION: Depository services to be provided are as follows: account. Operating Account: Each of the three major funds will have an operating Revenue Bond Reserve Fund Accounts: The purpose of these accounts is to accumulate or maintain reserve funds for the revenue bonds in accordance with the revenue bond s requirements. These will typically be held in interest-bearing accounts. Capital Projects Fund and/or Debt Service Fund Accounts: The purpose of these accounts is to segregate cash and investments from the operating funds in order to comply with the arbitrage requirements. These will typically be held in interestbearing accounts. The City reserves the right to open or close any number or type of accounts throughout the period, if necessary. Customer Draft Payments: The City utilizes drafts from the customers' account for the payment of utility bills. Direct Payroll Deposit: The City utilizes Direct Deposit to the employee s bank accounts for payroll. 2

64 Wire Transfers: Incoming and outgoing transfers and inter-account transfers may be performed electronically and by telephone. Account Reconciliation Services: Reconciliation services will include the following minimum requirements. Legible front and back copies of checks cleared are required to be presented on a monthly basis within five (5) business days after month end for each bank statement. Return all other items, such as debit and credit memos and deposit slips in date order on a monthly basis within five (5) business days after month end. Debit and Credit Memos: The depository will forward original debit and credit memos for adjustments or corrections to the City within twenty (20) days of the original transaction. Account Analysis Statement: The depository will forward an account analysis statement which reports activity for all accounts on a monthly basis to the Finance Director within five (5) business days after month end. This report shall include a breakdown of service costs and incurred volumes, average balances and earnings credit information. Returned Checks: All checks that were issued to the City and returned to the depository or rejected by the depository due to "Not Sufficient Funds shall be processed by the depository a second time. Custodial and Safekeeping Services: The depository will serve as the primary custodial agent for the City. Services to be provided include the safekeeping of 3

65 wirable investment securities purchased by the City and securities delivered as collateral for repurchase agreements with other financial institutions or securities dealers. The depository must have the capability of executing, on behalf of the City, delivery versus payment (DVP) transactions for both purchases and sales, settling through the Federal Reserve Depository or a New York correspondent depository. The City also requires the designation and use of a financial institution to serve as a secondary custodial agent. This institution will provide safekeeping of securities pledged as collateral by the depository. Since the secondary custodial agent may hold securities for an extended period of time, this service will also include the collection of periodic interest payments for the securities held and the wiring of those payments to the appropriate party. The depository will pledge eligible securities with the secondary custodial agent for the account of the City as set forth in the Pubic Funds Collateral Act. Miscellaneous Depository Services: Stop payments Cashier's checks Traveler's checks Foreign and domestic exchange services Coin/currency service Night deposit bags Money orders Check sorts Storage for Computer Tapes or Disks: The City may wish to store its computer 4

66 tapes or disks in the depository vault that provides security and fire protection. Determination of Overdrafts: Interday overdraft will have the effect of reducing the average availability balance on the account analysis statement upon which the interest earnings may be calculated. The depository will not charge the City for daylight overdrafts. When a daylight overdraft is anticipated, a member of the City staff will notify a designated depository official of the situation and will take appropriate action to avoid an interday overdraft. 4. PRIMARY CONTACT PERSON: The BANK shall assign an officer of the bank who will be the primary contact person for the CITY S accounts. 5. CONSIDERATION: BANK shall receive in consideration of the performance of this agreement, the fees described in the APPLICATION FORM which is attached to the contract as EXHIBIT NON-COMPLIANCE, PENALTIES: In the event either party shall fail to perform any of the terms, conditions or covenants of this agreement, the nondefaulting party shall notify the other party in writing of the fact of such default and if the event or condition is not corrected or otherwise made to comply with the terms of this agreement within a period of time which is reasonable in relation to the nature of the event of non-compliance but in no case more than sixty (60) days, the same shall constitute an act of non-compliance. 7. REVOCATION, TERMINATION FOR CAUSE: In addition to the specific right to terminate otherwise mentioned herein, if at any time BANK shall fail to perform any of the terms, covenants or conditions herein set forth; shall file a petition in bankruptcy or petition to take advantage of any insolvency act; shall 5

67 make an assignment for the benefit of creditors; or shall commence a proceeding for the appointment of a receiver, trustee, liquidator or conservator of itself or to the whole or any substantial part of his properties, then CITY may, after a hearing as described herein, revoke and cancel the permit hereby granted, and the agreement shall be null and void as of the date of said determination of default by the city. The hearing prerequisite to such revocation shall not be held until notice of such hearing has been given to BANK by registered mail, addressed to BANK at the address shown herein, and a period of at least twenty (20) working days has elapsed since the mailing of such notice. The notice shall specify the time and place of the hearing and shall include the reasons for revocation of this agreement. The hearing shall be conducted in public by the City Council and BANK shall be allowed to be present and given full opportunity to answer such charges and allegations as are set out against him in the notice. If, after the hearing is concluded, the City Council shall determine that the charges and allegations set forth in the notice are affirmed by the facts presented at the hearing, they may revoke and cancel this agreement and the same shall be null and void. The CITY'S decision shall be final and the BANK shall be bound thereby. 8. NOTICES: All notices or other communication to be given hereunder shall be in writing and shall be deemed given when mailed by Registered or Certified United States Mail, addressed to the CITY at 111 W. Lyndale, Robinson, Texas, 76706, addressed to BANK at 410 South Robinson Drive, Robinson, TX Change of address or change of the person to whom the letter is to be addressed shall be given by notice to the other party in the same manner as above specified. 9. OTHER AGREEMENTS: Additional supplemental contracts and agreements relating to the normal conduct of depository transactions may be required during the term of this Depository Agreement. They may include, among others, a Depository Safekeeping Agreement, Funds Transfer Authorization and 6

68 Agreement and a Custodial Agreement. All Supplemental contracts and agreements will be attachments to this Depository Contract. 10. COLLATERAL: City deposits in excess of the Federal Deposit Insurance Corporation (FDIC) insured coverage shall be secured by the pledge of eligible collateral having a market value, at all times, equal to or greater than 102% of the aggregate of said deposits. The collateral shall be monitored daily to maintain the appropriate margin of coverage. The collateral requirements set forth in the Public Funds Collateral Act must be adhered to at all times. Any substitution of collateral must be approved in advance by City. This contract shall be governed by the laws of the State of Texas. 11. ASSIGNMENT: The parties agree that this contract may not be assigned by the BANK in whole or in part without prior written approval of the CITY. DATED this the day of, 2017 Fidelity Bank of Texas BY: Authorized Representative Note: A copy of the resolution of the Board of Directors or Loan Committee of the financial institution naming the authorized representative and authorizing the execution of this contract must be attached. A simultaneous agreement on collateral shall also be attached. Agreement shall conform to requirements of FIRREA. 7

69 CITY OF ROBINSON, TEXAS BY: Bert Echterling, Mayor ATTEST: Jana Lewellen, City Secretary 8

70 COUNCIL AGENDA ITEM MEMORANDUM DEPT./DIVISION SUBMISSION & REVIEW: Craig Lemin, City Manager Date Submitted: 02/02/2017 Meeting Date: 02/07/2017 Item #12 ITEM DESCRIPTION: Consider and possible action on Resolution R designating the Waco Tribune- Herald as the official newspaper of publication for the City of Robinson. STAFF RECOMMENDATION: Approve Resolution R as presented in item description. ITEM SUMMARY: The City of Robinson designated Heart of Texas Media (formerly Hometown News) as its official newspaper on September 1, The City was made aware on January 30, 2017 that Heart of Texas Media is no longer in business. The Waco Tribune-Herald was designated as the City s secondary newspaper, and is currently the only other source available as an official newspaper of general circulation in McLennan County. Staff recommends designating the Waco Tribune-Herald as the official newspaper for the City of Robinson FISCAL IMPACT: ATTACHMENTS: Resolution

71 RESOLUTION NO R A RESOLUTION OF THE CITY COUNCIL DESIGNATING AN OFFICIAL NEWSPAPER FOR THE CITY OF ROBINSON WHEREAS, the City Council finds that the Waco Tribune-Herald is a paper of general circulation within the City Of Robinson; and WHEREAS, the City Council finds that the Waco Tribune-Herald: (1) devotes not less than 25% of its total column lineage to general interest items; (2) is published at least once each week; (3) is entered as 2 nd class postal matter in the county where published; and (4) has been published regularly and continuously for at least 12 months before the government entity or representative publishes notice; and WHEREAS, the City Council finds that the Waco Tribune-Herald is a publication that meets all of the criteria legally required of an officially designated newspaper for the City of Robinson; and NOW THEREFORE, be it hereby Resolved by the Council of the City of Robinson, Texas that: (1) The Waco Tribune-Herald is designated as the official newspaper for the City of Robinson. (2) This resolution is effective immediately upon passage. PASSED & APPROVED by the City Council on this, the 7th of February, Bert Echterling, Mayor Attest: Jana Lewellen, City Secretary

72 COUNCIL AGENDA ITEM MEMORANDUM DEPT./DIVISION SUBMISSION & REVIEW: Craig Lemin, City Manager Date Submitted: 01/30/2017 Meeting Date:02/07/2017 Agenda Item #13 ITEM DESCRIPTION: Consider and possible action granting a water and sewer easement to the City of Waco for sewer lines for the WMARSS system on city property located at 1091 Treatment Plant Road S. 3 rd Street and described as O Campo Tract Acres ITEM SUMMARY: WMARSS is currently undertaking a project to replace an existing lift station on LaSalle and construct a new 54 force main to the WMARSS plant. The plan is for the force main to be located along the western side of property belonging to the City of Robinson. This property serves as the location for our water intake structure on the Brazos River. The new line will not interfere with our intake current operations or any future plans. WMARSS is owned by 7 member cities which includes Robinson. The easement is to the City of Waco as the member cities have selected Waco to operate the WMARSS system. As it exists today, WMARSS is not a legal entity and cannot hold property under the WMARSS name. ATTACHMENTS: Easement document LaSalle Project overview Map of the property Map of proposed line locations

73 PERPETUAL EASEMENT TO THE CITY OF WACO, TEXAS f/b/o Waco Metropolitan Area Regional Sewerage System (with Temporary Construction Easement) Date: Grantor:, 201 CITY OF WACO, TEXAS, A MUNICIPAL CORPORATION Grantor s Mailing Address: Post Office Box 2570 Waco, McLennan County, Texas Grantee: CITY OF WACO, TEXAS, A MUNICIPAL CORPORATION, (f/b/o Waco Metropolitan Area Regional Sewerage System( WMARSS ) Grantee s Mailing Address: Post Office Box 2570 Waco, McLennan County, Texas THE STATE OF TEXAS COUNTY OF McLENNAN THAT, Grantor, for and in consideration of the sum of ONE AND NO/100 DOLLAR ($1.00) cash in hand paid and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed, has GRANTED, SOLD, and CONVEYED, and by these presents does GRANT, SELL, and CONVEY unto the CITY OF WACO, TEXAS, a Municipal corporation, f/b/o Waco Metropolitan Area Regional Sewerage System ( WMARSS ) of McLennan County, Texas, a Perpetual Water/Sewer Easement, way, right-of-way, access, ingress, and egress, on, over, under, along, through, and across all of Grantor s right, title, and interest in the property described in Exhibit A attached hereto and incorporated herein by this reference, for the purpose of placing, constructing, operating, repairing, inspecting, maintaining, rebuilding, replacing, relocating, and removing, within the easement area, a sewage pipeline or line(s), at all times for the purposes for which the perpetual easement is granted. The Perpetual Water/Sewer Easement ( Perpetual Easement ) of acre granted herein shall be perpetual and constitute a covenant running with the land. Grantor shall not construct or install permanent improvements or plant trees or other foliage with deeps root systems on the Perpetual Easement tract, except that fences, roads, driveways, parking areas and utility service crossings, that do not interfere with the pipeline, may be installed or constructed thereon, subject to the rights granted herein to Grantee. Further, Grantor shall not excavate or make substantial changes to the grade, elevation or contour of the Perpetual Easement tract, without obtaining prior written consent of the Grantee. Should Grantee, in the exercise of its rights hereunder, materially damage or destroy any existing fence, {MMREAI/00002/ } 1 Easement

74 road, driveway, parking area or utility service crossing located upon the Perpetual Easement tract, Grantee shall, upon completion of any work being performed by Grantee or under its direction, repair, replace or restore same to a substantially equivalent condition to that which existed immediately prior to such damage. Grantee shall not be responsible for the restoration or replacement of trees, bushes, or other landscaping located on the Perpetual Easement tract. Temporary Construction Easement: Grantor further grants to Grantee a Temporary Construction Easement of acres on, over, under, along, through, and across all of Grantor s right, title, and interest in the property described in Exhibit B attached hereto and incorporated herein by this reference, for all of the purposes described in the above Perpetual Easement during and throughout the period of construction of the initial sewage line(s) known as the LaSalle Lift Station Project. This Temporary Construction Easement shall automatically terminate upon the earlier of the completion of construction of the LaSalle Lift Station Project or December 31, 2020, without the necessity of the filing of a separate termination document. The termination of this Temporary Construction Easement shall not, in any way, cancel, terminate, reduce, or diminish the Perpetual Easement granted above. Grantor warrants to the CITY OF WACO, TEXAS, a Municipal corporation, f/b/o Waco Metropolitan Area Regional Sewerage System ( WMARSS ), its successors and assigns that Grantor has fee simple title to the above-described property and the unlimited right, power, and authority to grant the Easement(s) described herein and to render the above-described property subject thereto. The Easement(s) granted herein shall be binding upon Grantor and Grantor s heirs, successors, and assigns and shall inure to the benefit of the CITY OF WACO, TEXAS, a Municipal corporation, f/b/o Waco Metropolitan Area Regional Sewerage System ( WMARSS ), its successors and assigns. EXECUTED this day of, 201. CITY OF WACO, TEXAS, A MUNICIPAL CORPORATION By: Its: {MMREAI/00002/ } 2 Easement

75 THE STATE OF TEXAS COUNTY OF THIS INSTRUMENT was acknowledged before me on the day of, 201, by (Name), (title) of CITY OF WACO, TEXAS, A MUNICIPAL CORPORATION, on behalf of said corporation. Notary Public in and for The State of Texas PREPARED IN THE OFFICE OF, AND AFTER RECORDING, RETURN TO: David N. Deaconson Pakis, Giotes, Page & Burleson, P.C. Post Office Box 58 Waco, Texas (254) (254) Facsimile {MMREAI/00002/ } 3 Easement

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78 Right of Way Agent: Mike Millard, Broker, MAI, PTC Millard Real Estate Advisors, Inc. P.O. Box 7690 Waco, TX office fax texas.com Engineering/Surveying Contact Bob Wallace, PE, RPLS Lonny Gillespie, RPLS The Wallace Group 200 W Hwy 6 Suite 620 Waco, Texas bobw@wallace group.com lonnyg@wallace group.com City of Waco Contact Lisa Tyer Utilities Director City of Waco PO Box 2570 Waco, Texas lisat@wacotx.gov WMARSS LASALLE LIFT STATION AND FORCE MAIN PROJECT The Project: The LaSalle Lift Station currently conveys peak flows of around 30 million gallons a day to WMARSS central treatment plant. The Lift Station is nearing the end of its 50 year design life. The Benefits: With the proposed improvements, the city will be able to serve the region for the next 30 to 40 years. Reduce and avoid sewer overflows. Improved reliability. The Timeline for Construction: Bidding June 2016 Completion February 2017 CITY OF WACO, TEXAS CONTACTS PROJECT DETAILS

79 Right of Way Agent: Mike Millard, Broker, MAI, PTC Millard Real Estate Advisors, Inc. P.O. Box 7690 Waco, TX office fax texas.com WMARSS LASALLE LIFT STATION AND FORCE MAIN PROJECT CITY OF WACO, TEXAS Engineering/Surveying Contact Bob Wallace, PE, RPLS Lonny Gillespie, RPLS The Wallace Group 200 W Hwy 6 Suite 620 Waco, Texas bobw@wallace group.com lonnyg@wallace group.com City of Waco Contact Lisa Tyer Utilities Director City of Waco PO Box 2570 Waco, Texas lisat@wacotx.gov CONTACTS PROJECT MAP

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81 COUNCIL AGENDA ITEM MEMORANDUM DEPT./DIVISION SUBMISSION & REVIEW: Craig Lemin, City Manager Date Submitted: 01/31/2017 Meeting Date: 02/07/2017 Agenda Item #14 ITEM DESCRIPTION: Discussion regarding transfer of abandoned well site to Victorious Life Church. ITEM SUMMARY: Mr. Everette Posey, the Business Administrator at Victorious Life Church has approached the City regarding a one acre well site located within the church s property. Mr. Posey indicated the site was deeded to the city years ago, for a well to serve the city and subsequently, the church. Records indicate the site was deeded to the City in 1976 at the same time the church purchased the surrounding land. The City took the well out of service between 2003 and The Trinity Ground Water Control District, the Texas Water Development Board Water Science Groundwater Monitoring Unit and the Texas Commission on Environmental Quality has been using the well to monitor the groundwater. The Church would like the City to transfer ownership of the lot back to the Church. Its location impacts their ability to expand their facilities as they grow. They had approached the City several years ago, but the request did not move forward due to concerns about responsibility for plugging the well if TCEQ directed it. Mr. Posey contacted TCEQ and other entities monitoring the well and indicated the well can be transferred to the church without plugging as the entities above wish to continue to us it as a monitoring site. The Church is willing to enter into the necessary agreements for monitoring. There is an existing waterline through the well site that is active and serves the property immediately to the south. An easement would have to be granted for that line. The Church is agreeable to this requirement. Staff did communicate with TCEQ and we can transfer the ownership of the well and the property to the Church. It would fall to the church to plug the well if required in the future. They understand this and are agreeable to it. The City does not use the well nor are there any future plans for the site. City staff does currently maintain the site. To move forward we would need to survey the site for the waterline easement and draft the appropriate legal documents to transfer the property including future responsibility for plugging the well when required. The Church is willing to take care of removal of the existing building and fence as well as securing access to the actual well. Staff would like direction from the Council before taking any further action or expending legal funds to move forward with the property transfer. FISCAL IMPACT: None ATTACHMENTS: Letter Aerial Map

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84 COUNCIL AGENDA ITEM MEMORANDUM DEPT./DIVISION SUBMISSION & REVIEW: Rusty Smith, Chief of Police Date Submitted: 01/20/2017 Meeting Date: 02/07/2017 Agenda Item #15 ITEM DESCRIPTION: Presentation of the Robinson Annual Racial Profiling Report STAFF RECOMMENDATION: None required ITEM SUMMARY: Article 2.132(b) CCP Law Enforcement Policy on Racial Profiling requires the chief administrator of the law enforcement agency to submit an annual report of the racial profiling information collected to the Commission on Law Enforcement and the governing body of each municipality served by the agency. FISCAL IMPACT: None ATTACHMENTS: Robinson Police Department Motor Vehicle Racial Profiling Information comparison report

85 Racial Profiling Report Tier one Agency Name: Reporting Date: 01/20/2017 TCOLE Agency Number: Chief Administrator: Agency Contact Information: Robinson Police Department Royce W. Smith Phone: (254) Mailing Address: 111 W. Lyndale Robinson Texas This Agency claims partial racial profiling report exemption because: Our vehicles that conduct motor vehicle stops are equipped with video and audio equipment and we maintain videos for 90 days. Certification to This Report (Tier 1), Partial Exemption Article 2.132(b) CCP Law Enforcement Policy on Racial Profiling Robinson Police Department has adopted a detailed written policy on racial profiling. Our policy: 1.) clearly defines acts constituting racial profiling; 2.) strictly prohibits peace officers employed by the Robinson Police Department from engaging in racial profiling; 3.) implements a process by which an individual may file a complaint with the Robinson Police Department if the individual believes that a peace officer employed by the Robinson Police Department has engaged in racial profiling with respect to the individual; 4.) provides public education relating to the agency's complaint process; 5.) requires appropriate corrective action to be taken against a peace officer employed by the Robinson Police Department who, after an investigation, is shown to have engaged in racial profiling in violation of the Robinson Police Department's policy adopted under this article; 6.) require collection of information relating to motor vehicle stops in which a citation is issued and to arrests made as a result of those stops, including information relating to:

86 a.) the race or ethnicity of the individual detained; b.) whether a search was conducted and, if so, whether the individual detained consented to the search; and c.) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; and 7.) require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit an annual report of the information collected under Subdivision(6) to: a.) the Commission on Law Enforcement; and b.) the governing body of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of the state. Executed by: Royce W. Smith Chief Administrator Robinson Police Department Date: 01/20/2017

87 Robinson Police Department Motor Vehicle Racial Profiling Information Total stops: 1138 Number of motor vehicle stops Citation only: 1134 Arrest only: 4 Both: 0 Race or ethnicity African: 164 Asian: 5 Caucasian: 683 Hispanic: 278 Middle eastern: 7 Native american: 1 Was race known ethnicity known prior to stop? Yes: 4 No: 1134 Was a search conducted Yes: 9 No: 1129 Was search consented? Yes: 8 No: 1 Submitted electronically to the The Texas Commission on Law Enforcement

88 City of Robinson Robinson Police Department Motor Vehicle Racial Profiling Information Number of motor vehicle stops Citation Only 1 4 Arrest Only 0 0 Both Race or Ethnicity African 9 5 Asian Caucasian Hispanic 4 7 Middle Eastern 0 1 Native American Race or Ethnicity known prior to stop? Yes No Search conducted? 19 9 Yes No Was search conducted? Yes 11 1 No Data received from the Robinson Municipal Court 111 W. Lyndale, Robinson, Texas (254)